最近更新:2024-12-25
更新

2024-cv-00063

FCA US LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:01/03/2024

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
07/25/2024 NOTICE of withdrawal of bond[22] by Justin R. Gaudio from Greer Burns & Crain Ltd. (Received at the Intake Counter on 7/25/2024)
07/08/2024 FULL SATISFACTION of Judgment regarding order 39 in the amount of $100,000 as to certain defendant
06/26/2024 FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 6/26/2024. Mailed notice.
06/26/2024 ORDER: Plaintiff's motion 35 seeking a default judgment is granted. Civil case terminated. Enter separate Final Judgment Order. Signed by the Honorable John F. Kness on 6/26/2024. Mailed notice.
06/25/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[36]
附件:
1:Exhibit 1
06/25/2024 MEMORANDUM by FCA US LLC in support of motion for entry of default, motion for default judgment[35]
附件:
1:Exhibit 1
06/25/2024 MOTION by Plaintiff FCA US LLC for entry of default, MOTION by Plaintiff FCA US LLC for default judgment as to all Defendants
附件:
1:Exhibit A
06/20/2024 NOTICE of Voluntary Dismissal by FCA US LLC as to certain defendants
06/18/2024 NEW PARTIES: Guangzhou Fingertip Baby E-Commerce Co., Ltd., Hebei Duodeng Automotive Parts Co., Ltd., Henan Mango Filter Co., Ltd., Huizhou Lupu Electronic Commerce Co., Ltd., A2ZBVV7D1C8ESN, anqingruolingshangmaoyouxiangongsi, DONGQIANQIU, GuoPengKundedian, Jiangxi Hengyue Electronic Commerce Co., Ltd., kerunauto, KunMingLangGeYiShangMaoYouXianGongSi, Kureto Store, Liantao Co., Ltd., Panthalassic, senlanshangmao007, TTAKi. Lab, zhanglingyunshop, ZYGM Store Shop, ZZjian, ai_158, junglegirl, lianwu02, sunrise888, toryburchstore, xuebagsfactory, 01ryan, abasulu12, autoparts-ba, auto-parts-home, barringauto, bedhume11, benedettodirect, candoeverything, dominic-auto, e-youthauto, fastjoji, feelpop-auto, invincible77, kille1066, liftoff666, longsen8274, moosoo-newdestore, naiye-3, pacific-direct, pinetreely, playfulpalsstore, qq6810, qq6815, showmass, skdishen1, smkautoparts, supercoolauto, takumi-auto, tryoubest, wserzzx, xventineddww, zhan_4506, zmyyds, zteong79, Honey Q, Lanfys, Antonio Bryson, AR28 Parts, argonstyless, bing fashion store, Calidad imcomparable, chahuaxuecun, chaoshangxingshang, Dahlia Apparel for Women, DHH-93, diaoxiupanji, Fashion beautiful Chenchengdian, Fashionhappylife, guaiguai001, GUIlingYishang shop, HUIHUI hone, huyan6680, jhokhy fashion store, jinkai97906, jinwei1006, Ladies or Girls, Lederon Clothes, lilinlin4755, lingjia3612, LiuMengSis, Liuxiyang0827, liuyang4385, liwenpu6399, Lixiaofeng9889, looidude, LUISE, lxakjshdugg, Mansispicher, mhgjikk supper-market, minzhiq, Ouqinggang1959, pengtingyuan, piiziwiiqsmmb, QX6D18Y7P, Raymond Thompson, wangwenying3022, wanhongzailin, weisjan, WONSUINGO, wuxinyaodian, xyrhrk shopping, yuanrangla, zhangyanaq, zhaolingqian, Zhoiueyo Bags and zhufengsd added to case caption.
06/18/2024 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 6/18/2024. Mailed notice.
06/18/2024 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [24] is granted. Enter separate preliminary injunction order. Plaintiff's filings establish that Plaintiff has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [26] [28] that it provided electronic notice to Defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, despite the Court having provided [27] the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the docket within five business days. The Clerk is directed to unseal any and all previously-sealed documents. Mailed notice.
06/13/2024 NOTICE of Voluntary Dismissal by FCA US LLC as to certain defendant
06/06/2024 NOTICE of Voluntary Dismissal by FCA US LLC as to certain defendants
05/31/2024 SUMMONS Returned Executed by FCA US LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/31/2024, answer due 6/21/2024.
附件:
1:Declaration of Berel Y. Lakovitsky
2:(Exhibit A)
05/24/2024 CERTIFICATE of Service by Plaintiff FCA US LLC regarding text entry, 27
附件:
1:(Exhibit A)
05/24/2024 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 24 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 5/30/2024." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's order entering the temporary restraining order ("TRO"), the TRO is extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice
05/21/2024 SUMMONS Returned Executed by FCA US LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/21/2024, answer due 6/11/2024.
附件:
1:Declaration of Berel Y. Lakovitsky
2:Exhibit A
05/21/2024 MEMORANDUM by FCA US LLC in support of motion for preliminary injunction 24
附件:
1:Declaration of Kahlia R. Halpern
2:(Exhibit 1)
05/21/2024 MOTION by Plaintiff FCA US LLC for preliminary injunction as to certain Defendants
05/15/2024 SURETY BOND in the amount of $ 10,000 posted by FCA US LLC. (Document not Imaged)
05/10/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A. (evw,)
05/10/2024 Registry Deposit Information Form by FCA US LLC
05/10/2024 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 5/10/2024.
05/10/2024 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 3, ex parte motion for a temporary restraining order 11, and motion for electronic service of process 16 are granted in part. Plaintiff's submissions (e.g., Dkt. 13, 14) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2 and 15. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of items bearing Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit and infringing goods, and there is no countervailing harm to Defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice.
01/04/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17
附件:
1:Exhibit 1
2:(Exhibit 2)
01/04/2024 MEMORANDUM by FCA US LLC in support of motion for miscellaneous relief 16
01/04/2024 MOTION by Plaintiff FCA US LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
01/04/2024 SEALED EXHIBIT by Plaintiff FCA US LLC Exhibit 2 - Parts 1-6 regarding declaration 14
附件:
1:Exhibit 2-1
2:Exhibit 2-2
3:Exhibit 2-3
4:Exhibit 2-4
5:Exhibit 2-5
6:(Exhibit 2-6)
01/04/2024 DECLARATION of Thomas H. Hipelius regarding memorandum in support of motion 12
附件:
1:(Exhibit 1)
01/04/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)
01/04/2024 MEMORANDUM by FCA US LLC in support of motion for temporary restraining order 11
01/04/2024 MOTION by Plaintiff FCA US LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
01/03/2024 CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.
01/03/2024 CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2).
01/03/2024 ATTORNEY Appearance for Plaintiff FCA US LLC by Berel Yonathan Lakovitsky
01/03/2024 ATTORNEY Appearance for Plaintiff FCA US LLC by Kahlia Roe Halpern
01/03/2024 ATTORNEY Appearance for Plaintiff FCA US LLC by Amy Crout Ziegler
01/03/2024 ATTORNEY Appearance for Plaintiff FCA US LLC by Justin R. Gaudio
01/03/2024 Notice of Claims Involving Trademarks by FCA US LLC
01/03/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by FCA US LLC
01/03/2024 CIVIL Cover Sheet
01/03/2024 MOTION by Plaintiff FCA US LLC for leave to file under seal
01/03/2024 SEALED EXHIBIT by Plaintiff FCA US LLC Schedule A regarding complaint[1]
01/03/2024 COMPLAINT filed by FCA US LLC; Filing fee $ 405, receipt number AILNDC-21482025.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

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